SRC-MAX S.B. 1398 75(R)   BILL ANALYSIS


Senate Research Center   S.B. 1398
By: Lindsay
Intergovernmental Relations
5-5-97
As Filed


DIGEST 

Currently, a municipality could annex an area of unincorporated land under
certain conditions.  This bill would prevent a municipality from annexing
an area of unincorporated land without written approval of the
commissioners court under certain conditions. 

PURPOSE

As proposed, S.B. 1398 sets forth conditions for a commissioners court's
approval of certain municipal annexations. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 43B, Local Government Code, by adding Section
43.034, as follows: 

Sec.  43.034.  COMMISSIONERS COURT APPROVAL OF CERTAIN ANNEXATIONS.
Provides that this section applies only to a proposed annexation by a
municipality under certain conditions, and does not apply to an annexation
if the width of the annexed area is less that 200 feet.  Requires the
municipality to receive the written approval of the commissioners court of
the county in which the area of the proposed annexation and the
unincorporated area to be enclosed are located, before a municipality may
institute an annexation of an area under this section.  Provides that if a
commissioners court does not give a municipality approval to annex an area
under this section, the municipality is not considered to have refused or
failed to annex the area.   

SECTION 2. Effective date:  September 1, 1997.
  Makes application of this Act prospective.

SECTION 3. Emergency clause.